ABSTRACT
In a previous, not too distant, issue of The Conveyancer, I had a solid moan about what I thought was an unfathomable High Court decision on the scope of constructive trusts as they operated in the context of co-ownership. Much to the relief of this author, the appeal in Hudson v Hathway saw the Court of Appeal set the record straight about the need for detrimental reliance in order to establish a constructive trust, as well identifying what could amount to ‘signed writing’ for the purpose of section 53(1)(c) of the Law of Property Act 1925. Lewison LJ’s judgment in that case is a ‘must read’ for anyone wanting to understand the relationship between statutory formalities and the curative principles of equity. More than that, however, the High Court decision provides a first class example of the tangle of unprincipled thorns that can wrap itself around real property disputes when ‘the constructive trust’ is seen as the panacea for all ills. Unfortunately, it was not the last, and now there is Nilsson v Cynberg …
Dixon, Martin John, Here we go Again Manipulating Constructive Trusts (November 1, 2024).
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